Bird v. Kostbade

Plaintiff-appellee, Robert Bird, Jr., d/b/a Bird Building and Development, brought this action in the circuit court of Bureau County seeking to recover damages from the defendant-appellant, Howard Kostbade. Count I of the complaint alleged the defendant had violated an express warranty incident to the purchase of a used caterpillar tractor.

Count II generally alleged fraud in connection with the sale of the tractor and sought prejudgment interest at the rate of 9 percent per annum and exemplary damages. The defendant defaulted and judgment was entered by the trial court for *2,176, the actual…